Virginia: Constitutional Amendments Head to the Voters as Early as April

Virginia Democrats just advanced four constitutional amendments that will be on the ballot for voters to decide—as early as April. These ballot measures could codify into the state constitution unlimited abortion, allowing the mentally incompetent and felons to vote, gender and same-sex marriage, and gerrymandered redistricting. The outcome of these amendments could impact all Americans—not just Virginians.

The Most Extreme Abortion Laws in the Nation

Nine states and D.C. have no gestational limits on abortion.. Virginia could become the tenth state to allow a mother to kill her baby up until the moment of birth if voters approve an upcoming constitutional amendment.

In Virginia, an amendment to the state Constitution must be passed in two consecutive years by the state legislature before it can be placed on the ballot for a vote. That hurdle was overcome on January 16, 2026, when the abortion amendment was adopted for the second consecutive year along party lines—all Republicans were in opposition.

The language adopted by Virginia Democrats is purposefully confusing to voters. While it states the legislature may regulate abortions in the third trimester, there are no penalties allowed for anyone participating in a third trimester abortion. It reads, “The Commonwealth shall not penalize, prosecute, or otherwise take adverse action against any individual for aiding or assisting another individual in exercising such other individual's right to reproductive freedom with such other individual's voluntary consent.” Therefore, physicians would be able to perform abortions at any stage of pregnancy without ramifications.

Oregon and Maryland have no limits on abortion except a requirement for parental notification—but a doctor can override that requirement.

Colorado and Michigan have no limits on abortion but parental notification is required under age 18. A judicial bypass is possible to waive that requirement.

Alaska, D.C., Minnesota, New Jersey, New Mexico, and Vermont have no limits on abortion nor any parental notification requirements.

If passed, Virginia will join these states with the worst abortion laws in the nation.

(READ MORE: Virginia: Democrat Official Arrested for Abusive Child Pornography)

Allowing Violent Felons and the Mentally Incompetent to Vote

Democrats are promoting this amendment as a “restoration of voting rights” but it’s much more. It would also give those deemed mentally incompetence the right to vote.

Virginia law already permits an individual to petition a court to have their right to vote restored, but Democrats want to automate the process. The constitutional amendment would permit any convicted felon, “upon release” and “without further action required of him” to immediately have the right to vote.

Should a person convicted of raping a child or committing other violent crimes have the privilege of voting after completing their sentence?

The same proposed amendment further dilutes the standard for mental competency to vote. While current law prohibits voting by individuals judged mentally incompetent, the new language would require courts to make an additional, narrowly defined finding that a person lacks “the capacity to understand the act of voting.”

So, anyone currently adjudicated by a court as mentally incompetent could vote unless a court also specifically addresses whether they lack the understanding to vote.

As an example, a parent may have legal guardianship of an adult child who is unable to make financial, healthcare, or other important life decisions—yet they will be eligible to vote. Elderly dementia patients could qualify to vote unless a family member or guardian specifically petitions a court to revoke that ability.

Democrats are emphasizing the felon voting rights aspect of the legislation—not the fact they want to create a new Democrat voting block of dementia patients.

Gender Identity and Gay Marriage

The constitutional amendment regarding marriage coming before Virginia voters in 2026 does not simply repeal the prohibition on same-sex marriage. Language used by Democrats requires the Commonwealth to recognize lawful marriage based on sex and gender. Why use both terms? The Family Foundation of Virginia believes the reason could be to embed gender ideology into the Constitution to push the adoption of policies that conflict with biological reality.

The amendment provides no safeguards for clergy who believe marriage is between a man and a woman. Will a pastor be criminally charged who refuses to marry a gay couple or someone who claims to be transgender?

Current Virginia law penalizes anyone performing the ceremony of marriage without a court-approved license. The penalty is up to one year in jail and up to a $500 fine. If a court refuses to issue an officiant certificate to a priest because he refuses to perform same-sex marriages, will he be jailed if he officiates a marriage ceremony he views as a sacrament of his faith—not a duty to the state?

Eliminating Bi-Partisan Redistricting Commission

In 2020, Virginia voters overwhelmingly approved a constitutional amendment with a 66 percent majority that created a bipartisan redistricting commission responsible for congressional and legislative district maps.

Now power-hungry Democrats want full control and are eliminating nearly all congressional seats held by Republicans. The amendment declares that the state legislature would have the ability to redistrict congressional seats contingent upon actions of other states. The new language reads:

…the General Assembly shall be authorized to modify one or more congressional districts at any point following the adoption of a decennial reapportionment law, but prior to the next decennial census, in the event that any State of the United States of America conducts a redistricting of such state's congressional districts at any point following that state's adoption of a decennial reapportionment law for any purpose other than (i) the completion of the state's decennial redistricting in response to a federal census and reapportionment mandated by the Constitution of the United States and established in federal law or (ii) as ordered by any state or federal court to remedy an unlawful or unconstitutional district map.

Currently, there are six congressional seats held by Democrats and five held by Republicans. If voters approve the amendment to gerrymander Virginia districts, Democrats plan to eliminate four Republican districts, giving Democrats control of all but one.

A Special Election in April?

Virginia Democrats have signaled they will call a special election in April to vote on at least one of these four amendments—prioritizing the redistricting amendment. They have not ruled out having all four amendments on a ballot this spring.

Democrats are energized after major wins in November sweeping the majority in the House of Delegates and wins for all executive branch offices. They may very well push all four amendments for a vote as soon as possible in the hopes to leverage enthusiasm of their base.

Will the faith community come out of hiding and take a stand for life? That may be the only way to defeat these evil constitutional amendments—it’s a matter of life and death.

(READ MORE: Virginia Residents Can Expect to See Electricity Costs Skyrocket by $1,100 per Household)